( 1 ) I. A. W14/95 is under Order 22 Rule 2 of the Code of Civil Procedure (for short "the Code") for substitution of legal representatives of deceased Defendant No. 2; I. A. 8994/95 is under Section 5 of the Limitation Act for condonation of delay and I. A. 9013/95 is for modification of the preliminary decree passed in the suit in view of the death of Defendant No. 2.

( 2 ) DECEASED Smt. Vidyawati widow of Shri Sardari Lal Duggal had died on 6. 2. 1981 leaving behind two sons Yoginder Parkash Duggal and Om Prakash Duggal and a daughter Ms. Santosh Kumari Duggal (Defendant No. 2) as her legal representatives. She owned properly No. F-254, Shankar Road, New Rajinder Nagar, New Delhi. Yoginder Parkash Duggal filed the suit for partition of the property claiming l/3rd share in its. The Plaintiff died during pendency of the proceedings and his widow Smt. Pratibha Duggal was substituted as his legal representative on 8. 9. 1989. As there was no dispule about the shares of the parties, a preliminary decree was passed on January 8, 1992 declaring that each of the three heirs are entitled to 1/3rd share each. Actual partition has not taken place so far. In the meantime, Def